JUDGMENT 1. The applicant is aggrieved by the order dated 28.6.2002 (Annexure A-4) wherein the pay of the applicant has been wrongly fixed. The applicant has not been granted the benefit of 6 years approved military service towards pay fixation and the applicant has only been given the benefit of 5 years of approved military service in wrong, illegal and arbitrary manner. 2. Reply has been filed by the Respondents/state. It has been stated that pay of the applicant has been fixed as per annexure RA-1 dated 2.8.1983. The learned Counsel for the applicant filed rejoinder. As per annexure A-8 dated 18.12.1991 annexure RA-1 dated 2.8.1983 has been substituted. In annexure A-8 it has been stipulated that as a result of revision of pay scale w.e.f. 1.1.1998, the element of DA/ADA sanctioned upto CPI-608 have become part of pay. The instructions contained in this department O.M. No. Fin(c) B(7)-25/76 dated 2.8.1983 prescribing formula for determining the pay fixation of Ex-servicemen not covered under the Demobilized Armed Forces Personnel (Reservation of Vacancies in H.P. Technical and Non-Technical Services) Rules, the Governor, H.P. is pleased to substitute the same by the following: (b) When a Junior Commissioned Officer or other rank formerly in military service obtains employment in civil department, after having been granted military pension, he shall continue to draw his pension. His pay in the civil post shall be fixed at a stage in the time scale of the civil post which is equal to the basic pay, including dearness pay, dearness allowance, interim relief and additional dearness allowance sanctioned upto CPI-608, which have been merged in the new scales introduced from 1.1.1986, drawn at the time of retirement or if there is no such stage, the stage next below that pay + personal pay equal to the difference to be absorbed in the next increment, subject to the condition that it shall not in any case be below the minimum and above the maximum of the time scale of the civil post in which reemployed. He will be allowed to draw usual increment in the time scale of the civil post. 3. We have heard learned Counsel for the applicant and learned Additional Advocate General for the Respondents and gone through the pleadings carefully. 4. He will be allowed to draw usual increment in the time scale of the civil post. 3. We have heard learned Counsel for the applicant and learned Additional Advocate General for the Respondents and gone through the pleadings carefully. 4. Taking into consideration facts and circumstances of the case and the substitution of annexure RA-1 by annexure A-8, the Respondents are directed to re-fix the pay of the applicant as per annexure A-8 within a period of 2 months. Respondents are further directed to pay the arrears also. 5. With these observations the original/applications stands finally disposed of with no order as to costs.